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Caught speeding on motorway

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Comments

  • Options
    #32
    frozenfrozen
    Registered Users Posts: 7,878 ✭✭✭frozenfrozen


    the garda didn't use a gun she admitted to eyeballing the speed


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    #33
    GreeBo
    Registered Users Posts: 27,031 ✭✭✭✭GreeBo


    Del2005 wrote: »
    Rubbish is what you are typing

    From the same link

    " In proceedings for an offence referred to in subsection (1), if proof of the offence involves proof of the speed at which a person (whether the accused or another person) was driving, the uncorroborated evidence of one witness stating his opinion as to that speed shall not be accepted as proof of that speed."

    Does "one witness" include the Guard making the accusation?


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    #34
    [Deleted User]
    Posts: 14,344 ✭✭✭✭ [Deleted User]


    GreeBo wrote: »
    Does "one witness" include the Guard making the accusation?




    The guard is the witness. They need another witness (ie; 2 people) to do you for it. Hence as I said above, the OP will never hear about this again.


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    #35
    biko
    Registered Users Posts: 81,223 ✭✭✭✭biko


    Everything above is of course pure speculation and conjecture and in no way legal advice.


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    #36
    frozenfrozen
    Registered Users Posts: 7,878 ✭✭✭frozenfrozen


    Deleted User wrote: »
    The guard is the witness. They need another witness (ie; 2 people) to do you for it. Hence as I said above, the OP will never hear about this again.

    op says he got fixed charged notice in the post of 140 in a 120


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  • Options
    #37
    pippip
    Registered Users Posts: 2,249 ✭✭✭pippip


    Del2005 wrote: »
    The procedure is that a Garda forms the option that you were speeding and the only way to challenge it is to go to court, where its your word against a Garda. Even if they use a device to detect your speed there's no requirement for it to be calibrated or working correctly
    Del2005 wrote: »
    Rubbish is what you are typing

    Your reading that completely wrong. Pay attention to the details -

    It is not necessary to prove that the electronic or other apparatus was accurate or in good working order.

    That just means the Garda doesn't have to present proof for every speeding offence they issues. It does NOT state it doesn't need to be maintained and calibrated




    (4) The electronic or other apparatus referred to in subsection (1) shall—

    (a) be of a type that has been approved by—

    (i) the Commissioner or another member of the Garda Síochána not below the rank of Chief Superintendent authorised in that behalf by the Commissioner, or

    (ii) the chief executive officer of the National Roads Authority or another officer of that Authority duly authorised in that behalf by the first-mentioned officer,

    Basically this is covering that the equipment is official Garda equipment.



    It is not necessary to prove that the apparatus is of a type so approved.

    Again with a backup that evidence doesn't have to be produced every time.



    (6) In proceedings for an offence referred to in subsection (1) it shall be presumed, until the contrary is shown, that—

    (a) the electronic or other apparatus used for the tendering of evidence was provided and maintained by a member of the Garda Síochána, or a person authorised under an agreement under subsection (7), and

    This is where it states the equipment must be maintained. It is assumed it is UNTIL evidence is shown to the contrary.



    So if you were 100% sure the speed gun was wrong you can request the maintenance docs and if they show it wasn't maintained you can enter that as your defence.


    AND AS USUAL ALL THIS IS FECK!NG IRRELIVANT TO THE OP!!!!


  • Options
    #38
    2012paddy2012
    Registered Users Posts: 2,880 ✭✭✭2012paddy2012


    Del2005 wrote: »
    The procedure is that a Garda forms the option that you were speeding and the only way to challenge it is to go to court, where its your word against a Garda. Even if they use a device to detect your speed there's no requirement for it to be calibrated or working correctly

    Complete rubbish , be careful what you read here.
    Speed can only be proved by showing proof.
    The device used will show the speed. The fact that it was calibrated will or should be available as a proof. If not look for it. If not case can be dismissed.
    Forming opinions only applies to other aspects of road traffic. Legislation, eg , manner of driving , noted , which may lead to an opinion , eg. Dangerous / careless / driving without due care , intoxicant - drunk/drug driving.


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    #39
    Isambard
    Registered Users Posts: 5,796 ✭✭✭Isambard


    I suspect that if the Gard swears on oath that the apparatus showed 140, that will be accepted above the OPs assertion that he wasn't.


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    #40
    artanevilla
    Moderators, Education Moderators, Sports Moderators Posts: 10,260 Mod ✭✭✭✭artanevilla


    Oral testimony is admissible as evidence.


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    #41
    ZX7R
    Registered Users Posts: 3,426 ✭✭✭ZX7R


    Del2005 wrote: »
    The procedure is that a Garda forms the option that you were speeding and the only way to challenge it is to go to court, where its your word against a Garda. Even if they use a device to detect your speed there's no requirement for it to be calibrated or working correctly

    About 20 years ago while on a motorcycle a lone garda stopped me at a checkpoint .
    He made an opinion that I was speeding.
    I recieved a summons to court, I went the case was thrown out reason given was a second garda would have been required to be a witness to collaborate the garda opinion.
    The law may have changed since then.


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    #42
    phill106
    Registered Users Posts: 6,810 ✭✭✭phill106


    pippip wrote: »
    Another point to enquire about, where she got the number from that she couldn't show you. "she knew by the speed of the car" surely she knew by the speed gun which was claiming to tell her you were doing 140kph.

    Absolutely crazy how they can use such a process to prosecute people.
    Perhaps she felt it in her waters?


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    #43
    wotzgoingon
    Registered Users Posts: 14,309 ✭✭✭✭wotzgoingon


    There is no point fighting it. I didn't read the full thread so may have been mentioned before but if you go to court it's your word against the Garda and the judge will side with the Garda so it's a lost cause to fight it and waste of money(solicitors cost).

    Just pay the fine and take the points and next time you see a garda car jam the brakes. :D


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    #44
    [Deleted User]
    Posts: 14,344 ✭✭✭✭ [Deleted User]


    frozenfrozen wrote: »
    op says he got fixed charged notice in the post of 140 in a 120

    I just seen that, I read their post wrongly the first time.

    I'd challenge it. The op is aware there is no evidence of him doing that speed. He has his own witnesses that he was under the limit. The Garda has no witnesses, and truth be told, most likely won't even show up to the court, as she's well aware there is no evidence.

    It'll be thrown out in record time. I am a photographer and did a few years as a photojournalist, so spent times waiting around courtrooms and listening to all the sh/te of the day.

    Whether the OP wants the hassle or not is another thing, but it's completely unfair that the system is designed in such a way that a Garda can randomly invent an offence, and the honest citizen is expected to hire a solicitor, take a day off work and travel to/from the court to have their side heard.


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    #45
    Voodoomelon
    Registered Users Posts: 9,662 ✭✭✭Voodoomelon


    I wouldn't give a hoot about the money, its the points that would irk me.


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    #46
    newmember2
    Registered Users Posts: 2,584 ✭✭✭newmember2


    Voodoomelon wrote: »
    I wouldn't give a hoot about the money, its the points that would irk me.


    points = money


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    #47
    youcancallmeal
    Registered Users Posts: 7,985 ✭✭✭youcancallmeal


    Friend of mine is a Garda and I asked him about this scenario before, this was at least 15 years ago now so may have changed since then. Anyway he said they drive a constant distance behind suspected speeder and then establish if speeding is occuring based on how fast they are going in order to maintain the distance. Another way is if the garda car is travelling at the speed limit and they see a car accelerating away from them they will use that to establish speeding is occuring. Both fairly crude ways of establishing speeding from a moving vehicle but I wouldn't be surprised if these practices are still in use


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    #48
    pudzey101
    Registered Users Posts: 3,925 ✭✭✭pudzey101


    [Deleted User] wrote: »
    I just seen that, I read their post wrongly the first time.

    I'd challenge it. The op is aware there is no evidence of him doing that speed. He has his own witnesses that he was under the limit. The Garda has no witnesses, and truth be told, most likely won't even show up to the court, as she's well aware there is no evidence.

    It'll be thrown out in record time. I am a photographer and did a few years as a photojournalist, so spent times waiting around courtrooms and listening to all the sh/te of the day.

    Whether the OP wants the hassle or not is another thing, but it's completely unfair that the system is designed in such a way that a Garda can randomly invent an offence, and the honest citizen is expected to hire a solicitor, take a day off work and travel to/from the court to have their side heard.

    Thank you great help, the garda was on her own, I had 2 passangers and myself.


    I have been told challenge It, don't pay the fine because no evidence was shown and your admitting to doing wrong.

    Would i need o solicitor?

    It's the penalty points I don't want on my licence. its alot 3 points , and 5 if Convicted.
    when I never received any in 14 years

    Insurance is high enough at the moment without that.

    Also seen this it's so frustrating


  • Options
    #49
    Isambard
    Registered Users Posts: 5,796 ✭✭✭Isambard


    i don't think the witnesses will be much use to you. Asked in Court, on Oath, if they could swear to your actual speed, I don't think they could answer. It would be very unusual for a passenger to be monitoring the speedo.


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    #50
    GrumpyMe
    Registered Users Posts: 1,195 ✭✭✭GrumpyMe


    Isambard wrote: »
    ...It would be very unusual for a passenger to be monitoring the speedo...


    You have obviously never brought my other half for a spin!:D


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    #51
    Isambard
    Registered Users Posts: 5,796 ✭✭✭Isambard


    GrumpyMe wrote: »
    You have obviously never brought my other half for a spin!:D

    perhaps we were in the back?:D


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